Federal Constitutional Court. - Annual Statistics

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1 Federal Constitutional Court - Annual Statistics

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3 I. General Overviews since 1951 A. Statistics for the Judicial Year 2017 Page 1. Numbers of Proceedings 1 2. New Proceedings Brought Per Year and Chart: New Proceedings 5 4. New Proceedings Listed According to Types of Proceedings 6, 7 5 Decisions Issued by the Plenary, the s, and the Chambers (Listed According to Types of Proceedings) 8, 9 6. Proceedings Terminated in Other Ways than by a Decision (Listed According to Types of Proceedings) 10, Chart: Decisions With/Without Separate Opinion(s) Issued Since II. Overviews Covering Several Years 1. Chart: New Proceedings and Proceedings Terminated Since Total Numbers of New Proceedings Brought in the Last Five Judicial Years Applications Forwarded to the Respondent and the Other Parties Pursuant to 23(2) of the Federal Constitutional Court Act (Bundesverfassungsgerichtsgesetz - BVerfGG) in the Last Five Judical Years Oral Hearings and Pronouncement of Judgments since III. Judicial Year 2017 Caseload and Proceedings Terminated in the Judicial Years 2016 und , 18 IV. Constitutional Complaints 1. Proceedings terminated in the Last Five Judicial Years Share of the Constitutional Complaints Granted 20, 21 of the Total Constitutional Complaints Decided per Year since Chart: Length of Proceedings Constitutional Complaints Lodged Against Judicial Decisions Since Judicial Decisions Reversed Since Constitutional Complaints Lodged Against Decisions by Federal Courts Since Decisions by Federal Courts Reversed Since Constitutional Complaints Lodged Against Judicial Decisions/Statutes/ 26 Sovereign Acts of Federal / Land (State) and European Union Authorities in the Judicial Year Chart 27 V. Specific Judicial Review Proceedings 1. Proceedings Since , Referring Jurisdictions Since VI. Statutes Objected to Since VII. Legal Provisions Reviewed in the Judicial Year I -

4 VIII. Abuse Fees Seite 1. Abuse Fees Imposed Since , Abuse Fees Imposed in the Judicial Years 2016 und IX. Formal Complaints Against Judicial Delay (Verzögerungsbeschwerden) 36 B. Overview of the Matters Dealt with by the First for the Judicial Year I. General Overview 38 II. New Proceedings in the Judicial Year 1. Specific Judicial Review Proceedings Constitutional Complaints 40 III. Proceedings Terminated in the Judicial Year 1. Final Decisions Proceedings Terminated in Other Ways Incidental Decisions Constitutional Complaints (Listed by the Year in Which They Were Lodged) Judicial Review Proceedings and Preliminary Injunctions 44 (Listed by the Year in Which They Were Lodged) C. Overview of the Matter Dealt With by the Second for the Judicial Year I. General Overview 46 II. New Proceedings in the Judicial Year 1. Specific Judicial Review Proceedings Constitutional Complaints 48 III. Proceedings Terminated in the Judicial Year 1. Final Decisions Proceedings Terminated in Other Ways Incidental Decisions Constitutional Complaints (Listed by the Year in Which they Were Lodged) Judicial Review Proceedings, Preliminary Injunctions, Proceedings of the in its Function as Court for State Matters, and Other Proceedings (Listed by the Year in Which They Were Lodged) 52, 53 D. Overview of the Matters Dealt With in the General Register (GR) for the Judicial Years 2007 to , 55 - II -

5 Proceedings Brought From 7 September 1951 to 31 December 2017 Proceedings brought (total) 232,089 of these, 224,221 (96.61%) constitutional complaints, 3,836 (1.65%) abstract 1 and specific 2 judicial review proceedings, 9 (0.01%) proceedings conceerning the prohibition of political parties 3,998 (1.72%) other types of proceedings, e.g. disputes between the Federation and the Laender (states), disputes between highest federal organs and other constitutional disputes at the federal and Laender level 25 (0.01%) former types of proceedings conducted until Proceedings terminated (total) 228,581 of these, 220,816 (96.60%) constitutional complaints; of these 5,088 were successful = 2.3% 3,755 (1.64%) abstrac and specific judicial review proceedings, 9 (0.01%) proceedings concerning the prohibition of political parties 3,976 (1.74%) other types of proceedings 25 (0.01%) former types of proceedings conducted until 1960 Proceedings still pending 3,508 of these, 3,405 (97.06%) constitutional complaints, 81 (2.31%) abstract and specific judicial review proceedings, 22 (0.63%) other types of proceedings of these, 1,417 (40.39%) are dealt with by the First, and 2,091 (59.61%) are dealt with by the Second 1 Art. 93(1) no. 2 of the Basic Law (Grundgesetz - GG) 2 Art. 100(1) GG 3 File numbers: BvT and PBvV see page 7-1 -

6 New Proceedings Brought Since 7 September 1951 Year First Second Total * ( u.4 ) * 9 1,017 ( u.4 ) * ( ) * ( ) * ( ) * 74* 808 ( ) ( ) * 844 ( ) * 96* 1,210 ( u.3 ) ( ) , , * 747 1,382 ( ) , , , , , , , , , ,677 * corrected proceedings (see p. 7) on: 1 jurisdiction 2 legal aid 3 plenary> decisions 4 legal opinions - 2 -

7 New Proceedings Brought Since 7 September 1951 (Continued) Year First Second Total ,048 1, , , , ,131 1, ,076 1, ,079 1,389 2, ,263 1,277 2, ,701 1,095 2, ,499 1,612 3, ,588 1,519 3, ,527 1,571 3, ,741 1,845 3, ,829 2,117 3, ,765 1,719 3, ,547 1,594 3, ,587 1,473 3, ,690 1,786 3, ,803 1,899 3, ,669 2,089 3, ,609 1,791 3, ,016 2,061 4, ,049 2,382 4, ,319 3,121 5, ,551 2,773 5, ,776 3,135 5, ,735 of these were parallel proceedings (concerning the stability supplement) of these were parallel proceedings (concerning 218 of the Criminal Code - StGB) - 3 -

8 New Proceedings Brought Since 7 September 1951 (Continued) Year First Second Total ,599 2,647 5, ,636 2,442 5, ,419 2,364 4, ,303 2,582 4, ,402 2,429 4, ,328 2,292 4, ,496 2,196 4, ,738 2,462 5, ,006 2,583 5, ,786 2,319 5, ,288 2,827 6, ,367 2,787 6, ,677 2,701 6, ,321 3,187 6, ,331 3,091 6, ,288 2,920 6, ,864 3,083 5, ,710 2,976 6, ,561 3,250 6, ,320 2,571 5, ,980 2,774 5, ,001 2,981 5, of these were parallel proceedings (concerning banking law, stock exchange law and the law on securities) of these were parallel proceedings (concerning banking law, stock exchange law and the law on securities) of these were parallel proceedings (concering the general right of personality) and 230 parallel proceedings (concerning international law) of these were parallel proceedings (concerning the law on non-tax levies) - 4 -

9 New Proceedings Brought Since 7 September * * of these were parallel proceedings (concerning the stability supplement) - 5 -

10 New Proceedings Type of Proceedings File no. until Total Forfeiture of fundamental rights (Art. 18 GG) Rulings on the unconstitutionality/exclusion from state funding of political parties (Art. 21(2)(3) GG) - from Complaints in proceedings involving the scrutiny of elections (Art. 41(2) GG) Impeachment of the Federal President (Art. 61 GG) Constitutional disputes between federal organs (Art. 93(1) no. 1 GG) Review of statutes upon application by a constitutional organ (Art. 93(1) no. 2 GG) Constitutional disputes between the Federation and the Laender (Art. 93(1) no. 3 and Art. 84(4) second sentence GG) Public-law disputes (Art. 93(1) no. 4 GG) Impeachment of judges (Art. 98(2) and (5) GG) Constitutional disputes within a Land (state) assigned to the Federal Constitutional Court for decision by virtue of Land law (Art. 99 GG) BvA BvB BvC BvD BvE BvF BvG BvH BvJ BvK Review of statutes upon judicial referral (Art. 100(1) GG) BvL 3, ,656 Status of a provision of public international law as part of federal law (Art. 100(2) GG) BvM Interpretation of the Basic Law upon application of a Land constitutional court (Art. 100(3) GG) Disagreements on whether law continues to be valid as federal law (Art. 126 GG) BvN BvO

11 New Proceedings (Continued) Type of Proceedings File no. until Total Prcoeedings in other cases assigned to the Federal Constitutional Court by federal law (Art. 93(3) GG) - from 1971 onwards - Preliminary injunctions ( 32 BVerfGG) and - until other proceedings Constitutional complaints (Art. 93(1) nos. 4a and 4b GG) 1. Examination of which has jurisdiction - now: administrative file no. 1004/4 E - 2. Grant of legal aid - now: BvR - 3. Plenary decisions ( 16 BVerfGG) - now: PBvU - - until Disagreements on whether a law meets the requirements of Art. 72(2) and Art. 93(1) no. 2a GG - from 1998 onwards - Referrals by the Federal Court of Justice (Bundesgerichtshof) pursuant to 36(2) of the Committees of Inquiry Act - from 2001 onwards - Applications pursuant to Art. 93(2) GG - from 2006 onwards - Retirement of a Justice of the Federal Constitutional Court due to incapacity for office or for other reasons ( 105 BVerfGG) Plenary decisions ( 16 BVerfGG) Legal opinions issued by the Plenary ( 97 BVerfGG) - until BvP BvQ 1, ,096 BvR 163,347 6,245 6,308 6,251 6,036 5,818 6,477 6,606 5,739 5,610 5, ,221 BvT* BvW BvX BvY PBvS BvU / PBvU PBvV* Sum of all Proceedings: 169,502 6,378 6,508 6,422 6,208 5,947 6,686 6,811 5,891 5,754 5, ,089 * former types of proceedings which were conducted until

12 Decisions Issued by the Plenary, the s and the Chambers Type of Proceedings File no. until Total Forfeiture of fundamental righs (Art. 18 GG) Rulings on the unconstitutionality/exclusion from state funding of political parties (Art. 21(2)(3) GG) - from Complaints in proceedings involving the scrutiny of elections (Art. 41(2) GG) Impeachment of the Federal President (Art. 61 GG) Constitutional disputes between federal organs (Art. 93(1) no. 1 GG) Review of statutes upon application by a constitutional organ (Art. 93(1) no. 2 GG) Constitutional disputes between the Federation and the Laender (Art. 93(1) no. 3 and Art. 84(4) second sentence GG) Public-law disputes (Art. 93(1) no. 4 GG) Impeachment of judges (Art. 98(2) and (5) GG) Constitutional disputes within a Land assigned to the Federal Constitutional Court for decision by virtue of Land law (Art. 99 GG) BvA BvB BvC BvD BvE BvF BvG BvH BvJ BvK Review of statutes upon judicial referral (Art. 100(1) GG) - s - BvL 1, ,086 - Chambers (since 11 August 1993) Status of a provision of public international law as part of federal law (Art. 100(2) GG) BvM Interpretation of the Basic Law at the request of a Land constitutional court (Art. 100(3) GG) Disagreements on whether law continues to be valid as federal law (Art. 126 GG) BvN BvO

13 Decisions Issued by the Plenary, the s and the Chambers (Continued) Type of Proceedings File no. until Total Proceedings in other cases assigned to the Federal Constitutional Court by federal law (Art. 93(3) GG) - from 1971 onwards - Preliminary injunctions ( 32 BVerfGG) and - until other proceedings BvP BvQ 1, ,476 Constitutional Complaints (Art. 93(1) nos. 4a and 4b GG) - s - BvR 3, ,097 - Judges' Committees or Chambers - 139,566 5,731 5,783 5,897 5,597 5,176 5,975 6,076 5,653 5,654 5, , Examination of which has jurisdiction - now: administrative file no. 1004/4 E - 2. Grant of legal aid - now: BvR - 3. Plenary decisions ( 16 BVerfGG) - now: PBvU - - until Disagreements on whether a law meets the requirements of Art. 72(2) and Art. 93(1) no. 2a GG - from 1998 onwards - Referrals by the Federal Court of Justice pursuant to 36(2) of the Committees of Inquiry Act - from 2001 onwards - Applications pursuant to Art. 93(2) GG - from 2006 onwards - Retirement of a Justice of the Federal Constitutional Court due to incapacity for office or for other reasons ( 105 BVerfGG) Plenary decisions ( 16 BVerfGG) Legal opinions issued by the Plenary ( 97 BVerfGG) - until BvT* BvW BvX BvY PBvS BvU / PBvU PBvV* Sum of all Decisions: 146,640 5,857 5,961 6,054 5,733 5,300 6,117 6,208 5,798 5,845 5, ,876 * former types of proceedings which were conducted until

14 Proceedings Terminated in Other Ways than by a Decision, e.g. Proceedings Consolidated with Others for Joint Adjudication, Applications Withdrawn etc. Type of Proceedings File no. until Total Forfeiture of fundamental rights (Art. 18 GG) Rulings on the unconstitutionality/exclusion from state funding of political parties (Art. 21(2)(3) GG) - from Complaints in proceedings involving the scrutiny of elections (Art. 41(2) GG) Impeachment of the Federal President (Art. 61 GG) Constitutional disputes between federal organs (Art. 93(1) no. 1 GG) Review of statutes upon application by a constitutional organ (Art. 93(1) no. 2 GG) Constitutional disputes between the Federation and the Laender (Art. 93(1) no. 3 and Art. 84(4) second sentence GG) Public-law disputes (Art. 93(1) no. 4 GG) Impeachment of judges (Art. 98(2) and (5) GG) Constitutional disputes within a Land assigned to the Federal Constitutional Court for decision by virtue of Land law (Art. 99 GG) Review of statutes upon judicial referral (Art. 100(1) GG) BvA BvB BvC BvD BvE BvF BvG BvH BvJ BvK BvL 2, ,238 Status of a provision of public international law as part of federal law (Art. 100(2) GG) BvM Interpretation of the Basic Law at the request of a Land constitutional court (Art. 100(3) GG) Disagreements on whether law continues to be valid as federal law (Art. 126 GG) BvN BvO

15 Proceedings Terminated in Other Ways (Continued) Type of Proceedings File no. until Total Prcoeedings in other cases assigned to the Federal Constitutional Court by federal law (Art. 93(3) GG) - from 1971 onwards - Preliminary injunctions ( 32 BVerfGG) and - until other proceedings Constitutional complaints (Art. 93(1) nos. 4a and 4b GG) 1. Examination of which has jurisdiction - now: administrative file no. 1004/4 E - 2. Grant of legal aid - now: BvR - 3. Plenary decisions ( 16 BVerfGG) - now: PBvU - - until Disagreements on whether a law meets the requirements of Art. 72(2) and Art. 93(1) no. 2a GG - from 1998 onwards - Referrals by the Federal Court of Justice pursuant to 36(2) of the Committees of Inquiry Act - from 2001 onwards - Applications pursuant to Art. 93(2) GG - from 2006 onwards - Retirement of a Justice of the Federal Constitutional Court due to incapacity for office or for other reasons ( 105 BVerfGG) Plenary decisions ( 16 BVerfGG) Legal opinions issued by the Plenary ( 97 BVerfGG) - until BvP BvQ BvR 17, ,443 BvT* BvW BvX BvY PBvS BvU / PBvU PBvV Sum of all Proceedings Terminated: 20, ,705 * former types of proceedings which were conducted until

16 Decisions With/Without Separate Opinion(s) in the Official Collection of Decisions (BVerfGE) - Volumes 30 to 144 (1971 to 2017) 165 Total Number: of these, number of decisions without separate opinion(s) of these, number of decisions with separate opinion

17 New Proceedings and Proceedings Terminated * Since New pr. 5,200 5,589 5,105 6,115 6,154 6,378 6,508 6,422 6,208 5,947 6,686 6,811 5,891 5,754 5,982 Pr. terminated 4,735 5,612 5,060 6,174 6,324 6,234 6,249 6,344 6,066 5,605 6,521 6,589 6,133 6,181 5,659 6,811 6,686 New pr. 5,982 6,508 6,378 6,422 6,589 6,521 6,208 6,154 6,115 6,324 6,344 6,133 6,174 6,234 6,249 5,947 6,066 5,891 6,181 5,754 5, ,659 5,605 5,612 New pr. proc. terminated 5,200 5,105 5,060 proc. terminated 4, * Proceedings terminated (decisions and proceedings terminated in other ways), proceedings brought in former years and proceedings brought in the respective year

18 Total Numbers of New Proceedings Brought in the Last Five Judicial Years First Constitutional complaints (BvR) 3,636 3,516 3,253 2,922 2,920 Specific judicial review (BvL) Abstract judicial review (BvF) Preliminary injunctions (BvQ) Plenary matters (PBvU) ,710 3,561 3,320 2,980 3,001 Second Constitutional complaints (BvR) 2,841 3,090 2,486 2,688 2,864 Specific judicial review (BvL) Abstract judicial review (BvF) Preliminary injunctions (BvQ) Unconstitutionality/exclusion from state funding of political parties (BvB) Scrutiny of elections and of the status of a member of the Bundestag (BvC) Organstreit proceedings (BvE) Disputes between the Federation and the Laender (BvG) Public-law disputes (BvH) Constitutional disputes within a Land (BvK) Review of public international law (BvM) Other cases assigned by federal law (BvP) Plenary matters (PBvU) ,976 3,250 2,571 2,774 2,981 Total 6,686 6,811 5,891 5,754 5,

19 Applications Served on the Respondent and the other Parties Pursuant to 23(2) BVerfGG in the Last Five Judicial Years First Constitutional complaints (BvR) Specific judicial review (BvL) Abstract judicial review (BvF) Preliminary injunctions (BvQ) Plenary matters (PBvU) Second Constitutional complaints (BvR) Specific judicial review (BvL) Abstract judicial review (BvF) Preliminary injunctions (BvQ) Unconstitutionality/exclusion from state funding of political parties (BvB) Scrutiny of elections and of the status of a member of the Bundestag (BvC) Organstreit proceedings (BvE) Disputes between the Federation and the Laender (BvG) Public-law disputes (BvH) Constitutional disputes within a Land (BvK) Review of public international law (BvM) Other cases assigned by federal law (BvP) Plenary matters (PBvU) Total

20 Oral Hearings and Pronouncements of Judgments Since 1990 Number of oral hearings conducted Number of judments pronounced Total number Year Total First Second First Second First Second

21 Caseload and Proceedings Terminated Proceedings from the previous years pending on: 1/1/2016 1/1/2017 First 1,710 1,342 Second 1,902 1,843 3,612 3,185 New Proceedings: First 2,980 3,001 of these 2,920 CC, 7 JR, 74 PI, Second 2,774 2,981 of these 2,864 CC, 22 JR, 87 PI, 1 CSM, 7 other 5,754 5,982 of these 5,784 CC, 29 JR, 161 PI, 1 CSM, 7 other 4 5 Proceedings terminated: First 3,348 2,926 of these 2,847 CC, 6 JR, 73 PI, Second 2,833 2,733 of these 2,609 CC, 13 JR, 88 PI, 5 CSM, 18 other 6,181 5,659 of these 5,456 CC, 19 JR, 161 PI, 5 CSM, 18 other Proceedings pending on: 31/12/ /12/2017 First 1,342 1,417 of these 1,397 CC, 17 JR, 3 PI, Second 1,843 2,091 of these 2,008 CC, 64 JR, 4 PI, 8 CSM, 7 other 3,185 3,508 of these 3,405 CC, 81 JR, 7 PI, 8 CSM, 7 other 1 Constitutional complaints 2 Abstract and specific judicial review proceedings (Art. 93(1) no. 2, Art. 100(1) GG) 3 Preliminary injunctions (proceedings in their own right) 4 Organstreit proceedings (disputes between highest federal organs) and disputes between the Federation and the Laender; here, the Federal Constitutional Court acts in its function as a "court for state matters" 5 Unconstitutionality/exclusion from state funding of political parties, complaints in proceedings involving the scrutiny of elections, other cases assigned to the Federal Constitutional Court by federal law (Art. 93(3) GG),

22 I. Decisions issued by the Plenary First Second II. Decisions issued by a 1. Decisions in principal proceedings Proceedings Terminated First 12 6 of these, 5 CC, 1 JR, -- PI, Second of these, 3 CC, 6 JR, 1 PI, 5 CSM, 18 other 2. Interim/incidental decisions First of these, -- preliminary injunctions -- exclusion of a justice by virtue of law -- challenge of a justice 10 other Second of these, 5 preliminary injunctions -- exclusion of a justice by virtue of law -- challenge of a justice 13 other III. Decisions issued by a Chamber 1. Decisions in the principal proceedings a) Constitutional complaints and preliminary injunctions: aa) Non-admission for decision/rejection of an application for a preliminary injunction First 3,071 2,731 of these, 204 with reasons 319 with reasoning in the operative part of the decision 2,208 without reasons (81%) Second 2,621 2,519 of these, 70 with reasons 285 with reasoning in the operative patrt of the decision 2,164 without reasons (86%) bb) Grant of the relief sought First Second b) Proceedings involving specific judicial review (inadmissible referral): First 5 2 Second Interim/incidental decisions First of these, 22 preliminary injunctions -- exclusion of a justice by virtue of law 1 challenge of a justice 17 other Second of these, 29 preliminary injunctions -- exclusion of a justice by virtue of law -- challenge of a justice 44 other IV. Proceedings terminated in other ways 1. Withdrawals First Second Transfers to the other First 5 5 Second Proceedings combined with other proceedings, etc. First Second

23 Constitutional Complaint Proceedings (Including Proceedings Combined with Others For Joint Decision) Teminated in the Last Five Judicial Years New Proceedings 6,477 6,606 5,739 5,610 5,784 Proceedings Terminated 1. by a Chamber: Non-admission 6,142 6,155 5,769 5,778 5,268 Grant of relief sought by a : Non-admission Rejection Grant of relief sought by withdrawal: in other ways/ transfers to the other

24 Share of the Constitutional Complaints Granted of the the Constitutional Complaints Decided per Year Since 1987 * Proceedings decided Among these, Share Year on their own or successful in % combined with others proceedings , % , % , % , % , % , % , % , % , % , % , % , % , % , % , % , % , % , % , % , % , % , % , % , % * It is not possible to provide valid figures for the period before 1987 because no separate survey of decisions which terminated several proceedings (combined proceedings) was carried out

25 Share of the Constitutional Complaints Granted of the Constitutional Complaints Decided per Year Since 1987 (Continued) Proceedings decided Among these, Share Year on their own or successful in % combined with others proceedings , % , % , % , % , % , % , %

26 Average Length of Proceedings of Constitutional Complaints Lodged in the Years 2009 to 2017 still pending* 3 years more than 4 years 5.7% 2.2% 6.2% 2 years 23.1% 1year 62.8% *from the years 2009 to

27 Constitutional Complaints Lodged Against Judicial Decisions Since to Type of Jurisdiction First Second First Second First Second First Second First Second First Second Total a) Civil courts 33,024 9,973 1, , , , , ,123 (incl. non-contentious jurisdiction) b) Criminal courts , , , , , ,263 35,484 Administrative courts a) General administrative courts 9,216 5, ,720 b) Asylum proceedings -- 8, ,410 Social courts 6, ,921 Labour courts 2, ,460 Finance courts 1,369 1, ,901 Patent courts Disciplinary courts/ Disciplinary courts for the professions Federal Court of Justice in lawyer and notary matters Land constitutional courts Total 54,622 53,333 3,176 2,604 3,175 2,648 2,882 2,298 2,566 2,461 2,581 2, ,

28 Judicial Decisions Reversed 1,2,3 Since to First Second First Second First Second First Second First Second First Second Total 1,301 1, ,294 (507) (1) (--) (--) (1) (11) (520) if several judicial decisions from successive stages of appeal in a given type of jurisdiction were reversed in a single set of proceedings, only the last stage of the appeal was counted 1 if several judicial decisions from successive stages of appeal in various types of jurisdiction were reversed in a single set of proceedings, only the last stage of appeal was counted in each type of jurisdiction 2 if after combining several proceedings, the same judicial decision challenged was reversed, it was only counted once 3 also in proceedings brought in previous years ( ) = of these, asylum proceedings

29 Constitutional Complaints Lodged Against Decisions by Federal Courts Since to 2012 First Second First Second First Federal Court of Justice 4,718 3, ,337 Federal Administrative Court 1,983 1, ,908 Federal Social Court 3, ,314 Federal Labour Court 1, ,566 Federal Finance Court 1,236 1, ,474 Second Total 13,640 6, ,599 First Second First 2016 Second First 2017 Second Total 1 if several decisions of the respective federal court were challenged in a single set of proceedings, they were counted as separate decisions Decisions by Federal Courts Reversed Since bis First Second First Second First Federal Court of Justice Federal Administrative Court Federal Social Court Federal Labour Court Federal Finance Court Second Total First Second First 2016 Second First 2017 Second Total 2 also in proceedings brought in previous years

30 Constitutional Complaints Lodged Against Judicial Decisions/Statutes (Legal Provisions) / Sovereign Acts of Federal / Land (state) and European Union Authorities in the Judicial Year 2017 Federation/Laender (states) Inhabitants (million) Share of overall population First Judicial decisions Second Statutes/ legal provisions First Second Sovereign acts of federal / Land and European Union authorities First Second Total (Share of overall number of proceedings; without Federation and EU) Baden-Württemberg % 14* 2* 10.2% Bavaria % 11* 3* 15.9% Berlin % 4* 1* 7.9% Brandenburg % 2* --* 2.5% Bremen % 2* --* 0.9% Hamburg % --* --* 3.3% Hesse % 1* 1* 7.7% Mecklenb.-W.Pomerania % --* --* 5.3% Lower Saxony % 4* --* 9.6% North Rhine-Westphalia % 9* 1* 17.7% Rhineland-Palatinate % 3* 1* 4.4% Saarland % --* 3* 1.0% Saxony % 1* --* 4.9% Saxony-Anhalt % 2* 2* 2.7% Schleswig-Holstein % 1* 2* 3.8% Thuringia % 1* 1* 2.2% Sum Laender 1,914 2, ,391 55* 17* Federation , mio inhabit. 164* 74* rounded EU * --* Sum Total 2,581 2, , * 91* * indirect subject-matter of the challenge

31 Constitutional Complaints Lodged Against Judicial Decisions / Statutes (Legal Provisions) / Sovereign Acts of Land (State) Authorities in the Judicial Year 2017 Thuringia Schleswig-Holstein Saxony-Anhalt Saxony Saarland Rhineland-Palatinate North Rhine-Westphalia Lower Saxony Mecklenb.-W.Pomeran Hesse Hamburg Bremen Brandenburg Berlin Bavaria Baden-Württemberg 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Share of overall population Share of overall number of proceedings (without Federation and EU)

32 Specific Judicial Review Proceedings (Art. 100(1) GG) Since 1980 Year First Second Total of these, parallel proceedings: 1 a) Schöneberg Local Court (Amtsgericht): 10 b) Judicial Service Court of Saxony (Sächsisches Richterdienstgericht): 51 2 a) Schöneberg Local Court: 18 b) Judicial Service Court of Saxony: 35 3 Schöneberg Local Court:

33 Specific Judicial Review Proceedings (Art. 100(1) GG) Since 1980 (Continued) Year First Second Total

34 Jurisdictions Referring the Specific Judicial Review Proceedings (Art. 100(1) GG) Since to Referring Jurisdiction First Second First Second First Second First Second First Second First Second Total Civil courts Criminal courts Administrative courts Social courts Labour courts Finance courts Other courts Total ,

35 S t a t u t e s Objected to by the Federal Constitutional Court as Being Unconstitutional in the Period Between 1951 and 31 December 2017 (Void, Incompatible with the Constitution and Void, Only Incompatible Without Declaration of Nullity) Period Law/Ordinance Provision* Total First Second entirely or in part entirely in part 1951 to 1991 Federation Laender to 2011** Federation Laender Federation Laender Federation Laender Federation Laender Federation Laender Federation Laender Federation Laender Total Federation Laender * if a decision affected several provisions of a law (or ordinance), it was only counted once ** corrected

36 Legal Provisions Reviewed in Judicial Review Proceedings and Constitutional Complaint Proceedings (Judicial Year 2017) Number 1 Provision Proceedings/File no. of provisions Com- Incom- Void (Field of Law) I. II. Publication reviewed patible patible Land Civil Servants' Remuneration Act (LBesG) 6d(1) first sentence, (3) of 12 April Law and Regulations Gazette (GVBl) p in the version of Art. 5 no. 1 of the Act Adjusting Land Remuneration and Benefits (LBVAnpG) 2007/2008 of 21 December GVBl p ("Waiting period" in the law on remuneration of civil servants in Rhineland-Palatinate) X 2 BvL 1/10 1 X X Brandenburg Higher Education Act (BbgHG) 30(1a) first sentence in the version of Art. 2 no. 2 of the Act to Improve the Budget Structure (HStrG) 2000 of 28 June Law and Regulations Gazette (GVBl) I p. 90 -, amended by the First Act to Amend the BbgHG of 22 March GVBl I p (Levying of semester reenrolment fees) X 2 BvL 2/14 2 BvL 3/14 2 BvL 4/14 2 BvL 5/14 1 X² X Corporation Tax Act (KStG) 8c first sentence in the version of the Corporate Tax Reform Act (UntStReformG) 2008 of 14 August Federal Law Gazette (BGBl) I p and 8c(1)first sentence in the version of Act to Modernise the Framework for Capital Interests (MoRaKG) of 12 August BGBl I p and the subsequent versions until entry into force of the Act on the Development of the Tax Loss Account of Corporations of 20 December BGBl I p (Loss deduction by corporations) X 2 BvL 6/11 1 X² X Act on Nuclear Fuel Tax (KernbrStG) of 8 December Federal Law Gazette (BGBl) I p , last amended by Art. 240 of the Tenth Competence Reassignment Regulation of 31 August BGBl I p (Legislative competence with regard to the Nuclear Fuel Tax Act) X 2 BvL 6/13 1 X X Saxony Civil Servants' Remuneration Act (SächsBesG) 20(3) to (5) and annexes 21, 22, 25, 35, 36 and 39 of the SächsBesG in the version of the Fifth Act to Amend the SächsBesG of 17 January Saxony Law and Regulations Gazette (SächsGVBl) p. 3 -; Second Regulation on Transitional Arrangements for Civil Servants' Remuneration Provisions (BesÜV) 12(2); 14(3) in conjunction with 17(1) first sentence and (2) of the SächsBesG and annexes 2, 3, 6, 16, 17 and 20 of the SächsBesG in the version of the Fifth Act to Amend the SächsBesG of 17 January SächsGVBl p. 3 - (Delayed remuneration adjustments for Saxon civil servants of remuneration grade A10) X 2 BvR 883/14 2 BvR 905/14 2 X² Act Regulating the Pensions of Former Members of the Federal Armed Forces (SVG) 55b(3) in the version published on 5 March Federal Law Gazette (BGBl) I p. 843 and in the version of the Act to Amend the Civil Servants' Pensions Act (BeamtVGÄndG) of 18 December BGBl I p (Taking into account NATO compensation payments for the calculation of pensions paid to members of the Federal Armed Forces) X 2 BvL 10/11 2 BvL 28/14 1 X Act on Collective Agreements (TVG) 4a in the version of the Act on Uniformity of Collective Agreements of 3 July Federal Law Gazette (BGBl) I p (Provisions of the Act on Uniformity of Collective Agreements; supplanting of a collective agreement) X 1 BvR 1571/15 1 BvR 1588/15 1 BvR 2883/15 1 BvR 1043/16 1 BvR 1477/16 1 X X² Act on the Assistance and Protective Measures for Mentally Ill Persons of the Land Mecklenburg-Western Pomerania (PsychKG M- V) 23(2) second sentence alternative 1 in the version published on 13 April Mecklenburg-Western Pomerania Law and Regulations Gazette (GVOBl M-V) p , last amended by Art. 4 of the Amendement Act of 9 November GVOBl M-V p (Coercive medical treatment during custody in an institution under public law in Mecklenburg-Western Pomerania) X 2 BvR 2003/14 1 X X

37 Legal Provision Reviewed in Judicial Review Proceedings and Constitutional Complaint Proceedings Judicial Year Continued) Number 1 Provision Proceedings/File no. of provisions Com- Incom- Void (Field of Law) I. II. Publication reviewed patible patible Civil Status Act (PStG9 21(1) no. 3 in the version of Art. 1 of the Civil Status Law Reform Act (PStRG) of 19 February Federal Law Gazette (BGBl) I p in conjunction with 22(3) PStG in the version of Art. 1 no. 6 letter b of the Civil Status Law Amending Act (PStRÄndG) of 7 May BGBl I p (Allowing a further positive gender entry) X 1 BvR 2019/16 1 X² Framework Act for Higher Education (HRG) 32(3) first sentence nos. 2 und 3, (3) sentences 2 and 4 in the version of 28 August Federal Law Gazette (BGBl) I p ; Baden-Württemberg Act on the State Treaty on the Establishment of a Joint Centre for University Admissions (HSchulZulEErStVtrG BW) 1 of 10 November Baden-Württemberg Law Gazette (GBl.BW) p and 2a(1) first sentence of the Baden-Württemberg University Admissions Act (HZG BW) in the version of 15 September GBl.BW p and the Amending Act of 15 June GBl.BW pp. 422, 423 -; Decision of the Land (state) parliament of the Free State of Bavaria to Approve the Act on the State Treaty on the Establishment of a Joint Centre for University Admissions (HSchulZulEErStVtrG) of 22 April Bavarian Law and Regulations Gazette (BayGVBl) p and Art. 7(1) and (2) of the Bavarian University Admisssions Act of 9 May BayGVBl p in the version of the Act of 9 July BayGVBl p ; Berlin Act on the State Treaty on the Establishment of a Joint Centre for University Admissions (HSchulZulEErStVtrG BE) 1 of 29 October Berlin Law and Regulations Gazette (GVBl BE) p and 8(1) no. 2 and (3) first to fifth sentence of the Berlin University Admissions Act (BerlHZG) in the version published on 18 June GVBl (BE) p and the Act of 26 June GVBl (BE) p ; X 1 BvL 3/14 1 BvL 4/14 25 X² X Hamburg Act on the State Treaty on the Establishment of a Joint Centre for University Admissions (HSchulZulEErStVtrG Hamb) Art. 1(1) of 17 February Hamburg Law and Regulations Gazette (HmbGVBl.) p and Art. 3(1) second sentence of 17 February HmbGVBl. p in the version of the Act of 6 March HmbGVBl. S ; Hesse Act on the State Treaty on the Establishment of a Joint Centre for University Admissions (HSchulZulEErStVtrG Hessen) 1(1) and (2) and 4(1) no. 2, (3) and (4) second sentence in the version of 5 December Law and Regulations Gazette (GVBl) I p ; Mecklenburg-W. Pomerania Act on the State Treaty on the Establishment of a Joint Centre for University Admissions (HSchulZulEErStVtrG M-V) Art. 1(1) of 11 March Mecklenburg- W. Pommerania Law and Regulations Gazette (GVOBl M-V) p and 4(1) no. 2, (3) first and second sentence and (5) second sentence of the Mecklenburg-W. Pommerania University Admissions Act (HZG M-V) of 14 August GVOBl M-V p in the version of the Act of 16 December GVOBl M-V pp. 730, 758 -; - 32a -

38 Legal Provisions Reviewed in Judicial Review Proceedings and Constitutional Complaint Proceedings Judicial Year Continued) Number 1 Provision Proceedings/File no. of provisions Com- Incom- Void (Field of Law) I. II. Publication reviewed patible patible Lower Saxony Act on the State Treaty on the Establishment of a Joint Centre for University Admissions (HSchlZulEErstVtrG Nds.) Art. 1(1) and (2) of 17 February Law and Regulations Gazette (GVBl) p and 8(1) of the Lower Saxony University Admissions Act (NHZG) of 29 January 1998 GVBl p in the version of the Act of 17 February GVBl p. 47 -; North Rhine-Westphalia Act on the Ratification of the Act on the State Treaty on the Establishment of a Joint Centre for University Admissions (HSchulZulEErStVtrG NW) 1(1) of 5 June 2008, of 18 November North Rhine-Westphalia Law and Regulations Gazette (GV.NW) p and 2 of the Third University Admiissions Act of North Rhine-Westphalia (3. HZG NRW) of 18 November GV.NW p ; Land Act on the Rhineland-Palatinate Act on the State Treaty on the Establishment of a Joint Centre for University Admissions (HSchulZulEErStVtrG RP) 1 of 27 October Law and Regulations Gazette (GVBl) p ; Act No on the Ratification of the Act on the State Treaty on the Establishment of a Joint Centre for University Admissions (HSchulZulEErStVtrG) 1 of 5 June 2008, of 9 December Official Gazette (ABl) p ; Saxony Act on the State Treaty on the Establishment of a Joint Centre for University Admissions (HSchulZulEErStVtrG Sachsen) Art. 1 of 16 April Saxony Law and Regulations Gazette (SächsGVBl) pp. 155, and 3(1) and (2) second sentence of the Saxony University Admissions Act (SächsHZG) of 7 June SächsGVBl p in the version of the Act of 18 October SächsGVBl pp. 568, 575 -; Saxony-Anhalt University Admissions Act (HZulG LSA) 1(1) and (2) and 3a second and third sentence in the version published on 24 July Saxony-Anhalt Law and Regulations Gazette (GVBl LSA) pp. 297, 298 -; Schleswig-Holstein Act on the State Treaty on the Establishment of a Joint Centre for University Admissions (HSchulZulEErStVtrG Schl.-H.) Art. 1(1) and (2) of 27 June Schleswig-Holstein Law and Regulations Gazette (GVOBl Schl.-H.) p ; 4(1) first, second and fourth sentence and (2) of the Act on the Approval and Implementation of the State Treaty on the Establishment of a Joint Centre for University Admissions (ZVSZuAG) of 19 June GVOBl Schl.-H. p in the version of the Act of 19 June GVOBl Schl.-H. p and 12(2) first sentence of the University Admissions Act (HZG) in the version of 5 February GVOBl Schl.-H. p. 75 -; Thuringia Act on the State Treaty on the Establishment of a Joint Centre for University Admissions (HSchulZulEErStVtrG Thür) 1 of 16 December Law and Regulations Gazette (GVBl) p and 11(1) first sentence and (2) of the Thuringia University Admissions Act (ThürHZG) of 16 December GVBl p ; Berlin University Admissions Act (BerlHZG) 8a in the version published on 18 June Berlin Law and Regulations Gazette (GVBl (BE)) p (Legal provisions of the Federation and the Laender relating to the university admissions to medical studies) Total ² 6 1 if a decision concerned several provisions of a law or regulation, it was only counted once ² partial incompatibility - 32b -

39 Abuse Fees Imposed Since 1962 First Second Total Year Sum Number of abuse fees imposed Sum Number of abuse fees imposed Sum Number of abuse fees imposed 1962 to 2001 in German marks (DM) , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Total DM 347, ,440 1, ,855 2,647 = 177, , ,

40 Abuse Fees Imposed Since 1962 (Continued) First Second Total Year Sum Number of abuse fees imposed Sum Number of abuse fees imposed Sum Number of abuse fees imposed From 2002 in euros Carry-over 177, ,811 1, ,441 2, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , * 5, , , , , , Total 278,230 1, ,336 1, ,566 3,080 * corrected

41 Abuse Fees Imposed Pursuant to 34(2) BVerfGG New proceedings a) Constitutional complaints: First 2,922 2,920 Second 2,688 2,864 Total 5,610 5,784 b) Preliminary injunctions: First Second Total Number and share of the total of constitutional complaints/ preliminary injunctions Total amount in EUR Smallest amount in EUR Highest amount in EUR First Second Constitutional complaints 2016* * (0.24%) 5 (0.17%) 4,650 4, ,000 2,300 Preliminary injunctions 2 (3.92%) -- (--) Constitutional complaints Preliminary injunctions 2016* (0.07%) 9 (0.31%) 3,000 6, ,500 2, (--) 1 (1.15%) -- 2, , ,600 Total 11 (0.19%) 15 (0.25%) 8,350 13,250 Amounts Broken Down 2016* 2017 First Second First Second 1 x x x x x x 2,500 3 x x x x 2,300 2 x x x 2,600 2 x x x *corrected

42 Formal Complaints Against Judicial Delay (Verzögerungsbeschwerden) Lodged Pursuant to 97a et seq. BVerfGG Complaints pending from the previous years New complaints 2017 Complaints dismissed as inadmissible Thereby decided as well Complaints rejected as unfounded Thereby decided as well Grant of relief sought, without compensation Complaints terminated Thereby decided as well Grant of relief sought, with compensation Thereby decided as well Amount of compensation Withdrawal Other Total Complaints still pending on 31 December 2017 First Second Total

43 B. Overview of the Matters Dealt With by the First in the Judicial Year

44 General Overview Proceedings from previous years pending on 31 December 2016 New proceedings 2017 Total Terminated Still pending Abstract judicial review proceedings - BvF - Specific judicial review proceedings - BvL - Applications for a preliminary injunction - BvQ - Constitutional complaints - BvR - 2 (2) -- (--) 2 (2) 1 (--) 1 14 (24) 7 (7) 21 (31) 5 (17) 16 2 (6) 74* (51*) 76 (57) 73 (55) 3 1,324 (1,678) 2,920* (2,922*) 4,244 (4,600) 2,847 (3,276) 1,397 1,342 (1,710) 3,001 (2,980) 4,343 (4,690) 2,926 (3,348) 1,417 * of these, transfers from the General Register ( 64(2) and (3) of the Federal Constitutional Court's Rules of Procedure - GOBVerfG): BvQ 42 (20) BvR 1,620 (1,625) ( ) = figures from the previous year